Court : Andhra Pradesh
Reported in : II(2000)ACC469; 2001ACJ91; 1999(5)ALD628; 1999(5)ALT646
..... that the accident was reasonably incidental to the employment. the deeming provisions of section 51-c, which came into force by way of an amendment effected by employees' life insurance (amendment) act of 1966 (act no.44 of 1966) enlarged the scope of the phrase 'in the course of employment' to include travelling as a passenger by the ..... and another v. francis de costs and another, 1996 llr 953, wherein the supreme court considered section 2(8) of employees state insurance act, 1948.9. according to section 2(8) of the act 'employment injury' means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course ..... of his employment, being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial .....
Tag this Judgment!Court : Karnataka
Reported in : 1999ACJ1419; AIR2000Kant1; [1999]98CompCas725(Kar); ILR1999KAR2725; 2000(2)KarLJ16
..... in order to ensure safeguard to victim employees, as well, by motor vehicles (amendment) act, 1956, deleted the said sub-section (3) of section 95 and amended the proviso to sub-section (1) thereof by providing for compulsory insurance to cover the liabilities arising under the compensation act. the amended section 95 of the act, to the extent it relates to goods vehicle, reads thus.-'95. requirements ..... goods vehicle to get insured against the risk of death or bodily injury of his employees arising out of and in the course of their employment because of the use of the vehicle in a public place, in respect of the liability arising under the compensation act.re: question no. (ii):20. the above provisions, as amended by 1956 amendment act, have been bodily incorporated .....
Tag this Judgment!Court : Kerala
Reported in : (1997)IILLJ139Ker
..... the appellant, the correct method of calculation of notional wages of a piece-rated worker for deciding coverage under section 2(9) of the employees' state insurance act which is being followed throughout india is to divide the; amount of wages paid/payable during a wage period by number of days for which wages paid/payable ..... the notional wages of a piece-rated worker have to be calculated . the learned counsel appearing for the respondents in both the cases submitted that the ; insurance court was perfectly justified in taking the view that since the employees concerned in these cases are monthly rated employees, their total wages in the first month of ..... not before) the beginning of the contribution period, shall continue to be an employee until the end ofthat period'. after the amendment of the act, 1984, 'wage period' is defined. section 2(23) of the act defines 'wageperiod' as follows:-' 'wage period' in relation to an employee means the period in respect of which wages are ordinarily .....
Tag this Judgment!Court : Chennai
Reported in : (2001)IILLJ793Mad
..... to the period prior to october 20, 1989, when the amended act 29 of 1989 had come into force.7. in employees' state insurance corporation and another v. tata engineeringand locomotive company ltd. and anr. : (1976)illj81sc the apex court held thus:'while considering the question ..... was inserted to the definition of 'employee' in sub-clause (9) of section 2 of the act on october 20, 1989 and that the addition was not available under the act prior to such insertion by means of an amendment under the amended act 29 of 1989. admittedly the period for which esi contribution was sought for by the respondents relates ..... the incentive earnings and ad hoc allowances received by the employees must not be taken into account as part of the wages for the purposes of employees' state insurance act therefore, it was held in that case cited above by this court mat the lump sum payment of rs. 500 and the payment of rs. 75 per .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2001)ACC152; I(2002)ACC485; 2002ACJ485; 2001(3)ALD389; 2001(4)ALT178
..... court, while dealing with the expression, 'persons travelling along with the goods' under the provisions of the new act prior to the amending act 54 of 1994, after elaborate consideration of section 95 of the act, held that insurance company is liable to pay compensation in respect of the persons who are travelling along with the goods. the observations ..... and the relevant provision that is applicable is section 147 of the new act as it stood prior to the amendment by way of amending act 54 of 1994; that under the said provisions of section 147(1)(b)(i) of the new act, the insurance company is liable only in respect of death or bodily injury to any ..... 1. the only question which falls for determination in both these cmas, is whether the insurer is liable under the provisions of section 147 of the motor vehicles act, 1988 (hereinafter called the 'new act'), as it stood prior to the amendment by amending act 54 of 1994, to pay compensation for the death or bodily injury caused to the 'owner .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004ACJ1903; AIR2004SC4360; 2004(5)ALLMR(SC)1167; 2004(4)AWC2901(SC); [2004]122CompCas141(SC); JT2004(6)SC501; (2005)141PLR540; RLW2004(4)SC483; 2004(7)SCALE30; (2004)8SCC6
..... v. asha rani and ors. : air2003sc607 which was followed in oriental insurance co. ltd. v. devireddy konda reddy and ors. : [2003]1scr537 . recently in national insurance co. ltd. v. baljit kaur and ors. : air2004sc1340 the effect of 1994 amendment vis-a-vis section 147 of the act was considered. it was observed as follows:'17- by reason of ..... submitted that the accident took place after the amendment in 1994 in section 147 of the act and, therefore, the insurer ought to have been made liable to indemnify the award.9. learned counsel for the insurer on the other hand submitted that the position has not changed after amendment in 1994.10. it is to be noted ..... the 1994 amendment what was added is 'including owner of the goods or his authorised .....
Tag this Judgment!Court : Kerala
Reported in : 2003(3)KLT42
..... arise only after the decision by the insurance court in the proceedings is laid under section 75 of the act. until then, the cause of action cannot be said to have arisen. in other words, there is no bar of limitation. it is seen that the act was subsequently amended by section 30 of the amendment act 28 (29) of 1989. which ..... in hyderabad race club, malakpet, hyderabad v. e.s.i. corporation (1998 (iii) llj (supp.) 877), transport corporation india ltd. v. employees insurance corporation (1999 lab. ic 2043), regional director, e.s.i.c. v. cigiel ltd. (2002 (ii) llj 635), regional director, e.s.i. corporation v. henry wolsey & co. (2001 (1) lln 437), standard literature co. (p ..... other hand, mr. antony dominic, appearing for the respondents pointed out that a contrary view had been taken eid parry (i) ltd. v. e.s.i. corporation (2002 (3) lln 164). he had referred to the following observations in paragraph 10:'10. proviso to clause (b) of explanation to sub-section (1a) of section 77 of the .....
Tag this Judgment!Court : Karnataka
Reported in : 2003ACJ809; 2003(3)KarLJ333
..... 17 of the cpc during the pendency of the above appeal praying for amendment of the original claim petition to be under section 163-a of the act instead under section 166 of the act. the second respondent-insurance company has opposed this application for amendment and has prayed for rejecting the same. 11. we have heard at ..... another or simultaneously under both provisions. the compensation payable under section 140 of the act having been paid to the claimants and that option having been exhausted, the 2nd respondent-insurance company is justified in opposing the application for amendment to permit the appellant to convert the original claim petition to be as one under ..... appeal seeking for enhancement of the compensation; that the application for amendment seeking for converting the application as originally, filed under section 166 of the act to be as one under section 163-a of the act, is objected to and opposed by the insurance company; that it cannot be allowed in law having regard to .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2006Guj194
..... eligible cooperative bank. clause (b) of sub-section (2) of section 13-a states that the corporation shall register as an insured bank-(i) every cooperative bank which has come into existence after the commencement of the deposit insurance corporation (amendment) act, 1968 as a result of division of any other cooperative society carrying on business as a cooperative bank. section 13-c deals ..... banks have been extended the coverage of insurance vis-a-vis their deposits under the act. he has further submitted that in view of amendment in the act, the state government has even amended the gujarat cooperative societies act in accordance with the amendments made in the act so as to facilitate the concerned authorities to comply with the amended provisions of the act. he has drawn our attention to .....
Tag this Judgment!Court : Chennai
Reported in : 2000ACJ1500; [1998]94CompCas819(Mad)
..... period provided under section 103a of the old motor vehicles act. he also submitted that the amended act came into force from july 1, 1989, and in the present appeal the facts are completely different and in view of the fact that no application was pending with the insurer within the statutory period granted under section 103a of the ..... be reviewed. further, he also submitted that inasmuch as the accident took place on july 13, 1985, and the amended act came into force from july 1, 1989, ..... old motor vehicles act, the order of the learned judge has to .....
Tag this Judgment!